US EditionTrump team mulls suspending the constitutional right of habeas corpus to speed deportations. Can it?
- The Trump administration, led by President Donald Trump and Deputy Chief of Staff Stephen Miller, is actively exploring suspending the constitutional right of habeas corpus to accelerate deportations as of May 2025.
- This move follows Trump’s claim earlier in 2025 that the U.S. Faces an invasion of migrants, invoking the 1798 Alien Enemies Act and citing wartime authority to justify expanding deportation powers.
- Historically, habeas corpus suspension has occurred during wartime under Congressional approval, such as Lincoln’s Civil War actions and post-Pearl Harbor in Hawaii, while presidents like George W. Bush did not suspend it despite legal challenges over detainees.
- Stephen Miller claimed that the Constitution allows for habeas corpus rights to be put on hold during an invasion, but legal experts dispute this interpretation and warn that any attempt to suspend these rights would likely face immediate legal opposition.
- If implemented, suspending habeas corpus could facilitate faster migrant detentions and deportations but would raise significant constitutional disputes and questions about defining an 'invasion' under current law.
44 Articles
44 Articles
'Just give me a yes or no': NBC host grills GOP senator on suspending habeas corpus
Sen. John Barrasso (R-WY) declined to rule out voting to suspend habeas corpus if it helps President Donald Trump deport undocumented people. In a Sunday interview with the senator, NBC host Kristen Welker pointed out that White House aide Stephen Miller had recently floated the idea of suspendi...
'Just Give Me A Yes Or No': NBC Host Corners GOP Senator On Suspending Habeas Corpus
Sen. John Barrasso (R-WY) declined to rule out voting to suspend habeas corpus if it helps President Donald Trump deport undocumented people. In a Sunday interview with the senator, NBC host Kristen Welker pointed out that White House aide Stephen Miller had recently floated the idea of suspending the right to challenge detentions in court. "The Constitution says that habeas corpus may not be suspended, quote, unless in cases of rebellion or i…
Nicolais: We are witnessing the death of due process under Trump
President Donald Trump and his allies have taken continuous and systematic aim at due process in America during his second term in office. The fundamental constitutional right may be at a breaking point. The assault consists of a two-prong attack: undermining negative impacts to supporters who received due process and at the same time denying due process to those they oppose. Trump began by pardoning more than 1,500 criminals jailed for their pa…
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